If a lot owner can't match old roof tiles, does this affect the external appearance of the lot? Can the owners corporation refuse on appearance grounds?
A lot owner is having trouble matching their roof tiles because they are so old. New tiles don't match the existing ones, which would affect the lot's external appearance. I've suggested putting the new tiles on the side of the roof that can't be seen from the street and using the old tiles from the rear on the presentation side.
Alternatively, are sustainable roof tiles exempt from Model Rule 5.2 if the owner replaces the whole roof?
If there is no restrictive covenant, the owners corporation may find it difficult to refuse consent to the change.
The Owners Corporations Act 2006 (the Act) provides that a sustainability item includes a roof with colours having a particular solar absorption value. However, the owner must take into account any registered rules or restrictive covenants requiring the use of specific colours. Under section 138B of the Act, if there is no restrictive covenant, the owners corporation may find it difficult to refuse consent to the change.
Subject to the issue of sustainability items, it is unlikely to be unreasonable if the owners corporation directs that certain tiles be used at the back instead of the front, if that maintains the colour scheme of the development and is practical to do so.
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Phillip Leaman specialises in Owners Corporations law, adverse possession and compulsory acquisition and is the Principal for the Owners Corporation team at Tisher Liner FC Law. Phillip provides practical and strategic advice to Owners Corporations in respect to all types of disputes concerning the Owners Corporations Act 2006, defect claims arising from original building works under the Domestic Building Contracts Act 1995 and disputes between lot owners, contractors and managers. He also assists Owners Corporations in governance and other property law advice required such as interpreting plans of subdivisions, leasing and licensing, adverse possession and dealing with managers and contractors. He acts for Owners Corporations in Victoria and the Australian Capital Territory. Phillip Leaman has been recognised on the Best Lawyers List between 2019 to 2022 in the category of Real Property Law. For information useful to Owners Corporations see our website at: https://tlfc.com.au/expertise/owners-corporation/
Phillip is a regular contributor to LookUpStrata.
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